The CRD-EA district is intended to encourage and promote the continuance of the existing mixed use development pattern and architectural aesthetic of the area, as well as encourage the infill of vacant or under-developed lots.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

Subject to the provisions or restrictions contained in this section and elsewhere in this Code, permitted uses in the CRD-EA district are as follows:

(a)

Residential uses as a component of a vertically mixed-use development;

(b)

Temporary Lodging;;

(c)

Eating and drinking establishments, specialty food such as gourmet take out, catering, coffee shops, etc. and sit-down restaurants;

(d)

Offices;

(e)

Retail sales;

(f)

Private, specialized instruction, such as computer training, real estate courses, self- improvement classes, career training or fitness instruction;

(g)

Artist studios, art galleries, and museums;

(h)

Personal service businesses such as barbershops, beauty shops, tailoring, garment alteration and repair, shoe repair, dry cleaning drop-off and pick-up and other personal service uses similar in character and impact;

(i)

Vehicle for hire—limited to rental of bicycles and individual motorized vehicles such as segways, mopeds/scooters;

(j)

On-site parking facilities;

(k)

Other uses similar in character, nature and impact to permitted uses listed above.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

(a)

Transit facilities;

(b)

Public recreation and other governmental or civic uses.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

The purpose of this section is to allow for single-family and two-family residential uses and structures for only saving and/or moving locally designated historic structures, as well as address rooftop uses. In no case shall a new construction single-family home be allowed in the 8th Avenue CRD.

(a)

Single-family residential, subject to the following conditions:

(1)

The structure is eligible for local historic designation pursuant to Section 28.22 of the Land Development Code;

(2)

The applicant applies for designation of the structure as historic and the Historic Preservation Board approves the request;

(3)

The applicant applies for and is granted a certificate of appropriateness for any alterations to the exterior of the structure and moving the structure if a structure is proposed to be moved to the 8th Ave District, consistent with the Secretary of the Interior's Standards and Guidelines for Rehabilitation or Preservation of Historic Structures and Division 28 of the Land Development Code;

(4)

The applicant applies for and is granted the conditional use pursuant to Section 4.4 of the Land Development Code;

(b)

Roof dining and/or drinking areas, subject to section 6.24 of this Code as may be applicable.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13; Ord. No. 2020-24, § 2, 12-1-20)

(a)

Uses and structures, as regulated in sections 6.12 and 6.13, which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures. Where setbacks of accessory uses in sections 6.12 and 6.13 conflict with this section, the standards in this section shall apply;

(b)

Home occupations, subject to the conditions set forth in section 6.5 of this Code.

(c)

Temporary uses under the provisions of section 6.11 of this Code.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

Existing non-historic single family residences currently located in the 8th Avenue district may continue as legal non-conforming uses or can be adaptively reused as uses permitted in Sections 40.2 and 40.3.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

Density and intensity of use for commercial and residential components shall be inclusive, i.e. the same land area on a zoning lot may be used to support both use types without proration. For the purpose of determining mixed uses, transient accommodations shall be considered residential uses and may be combined with ground floor commercial within a mixed-use project. The intensity of the commercial use shall be determined by floor area ratio and the density of the transient accommodation shall be determined by units per acre.

Residential use - Shall not exceed 24 dwelling units per acre.

Transient accommodation use - Shall not exceed 50 units per acre.

Non-residential use - Shall not exceed a floor area ratio (FAR) of 1.0 for single use commercial structures or 1.50 for mixed-use development. Projects that consist of a non-residential uses mixed with a transient accommodation or residential use shall provide a minimum FAR of .40 for the non-residential use.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

Height shall not exceed 35 feet.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

For structures that front 8th, 9th or Gulf Way:

Front yard: A minimum of 75 percent of the building frontage shall be built in line with the buildings adjacent to it, or set back no greater than two (2) feet, whichever distance from the front property line is less. In cases where vacant lots are adjacent to the lot which is proposed for development, no more than 75 percent of the building frontage shall be set back more than two (2) feet from the front property line. In the event there are existing buildings on both sides of the proposed building, and the adjacent buildings are not set back the same distance from the front property line, then the proposed structure may be built to the average frontage of the two adjacent buildings.

Marquees, canopies, colonnades, arcades, or fixed awnings may project over the public right-of-way, provided such projection does not extend over the back of curb line. Foundational structures, that support such projections, may be placed in the public right-of-way provided that such items and overhangs are subject to a development and public right-of-way use agreement with the city. The second story of the primary structure may extend over the public right-of-way, provided such projection does not extend over the back of curb line. That portion of the second story which projects over the public right-of-way may not be enclosed but may be roofed and screened as a porch or open balcony. A third story shall extend no more than the second floor structural face and may provide an open balcony. A third story shall not be enclosed by solid walls or windows and may not contain a roof, but may contain a pergola structure which does not provide more that 50% opacity. Structures may not project over alleys.

Structural face, as it used in this section, is defined as those portions of the principal structure and accoutrements which protrude toward the lot line and are most closely parallel to the front lot line. Pergola as defined herein is garden feature forming a shaded walkway, passageway, or sitting area of vertical posts or pillars that usually support cross-beams and a sturdy open lattice.

Secondary front yard: No secondary front yard setback for primary structure; Marquees, canopies, colonnades, arcades, or fixed awnings may project over the public right-of-way provided such projection does not extend over the back of curb line. Foundational structures, that support such projections, may be placed in the public right-of-way provided that such items and overhangs are subject to a development and public right-of-way use agreement with the city. Structures may not project over alleys.

Side yard: None

Rear yard: 10 feet minimum. Parking may be placed in the rear setback.

For structures that front Pass-a-Grille Way:

Front yard: 10 feet

Secondary front yard: 5 feet

Sideyard: 5 feet

Rear yard: 10 feet. Parking can be placed in the rear yard setback.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13; Ord. No. 2015-16, § 1, 8-25-15; Ord. No. 2017-30, § 2, 2-27-18)

Maximum impervious surface ratio (ISR) for all uses: 0.90

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

(1)

Number of parking spaces required: Subject to Division 23 of the Land Development Code.

(2)

Access to and location of parking areas:

a.

Parcels abutting an alley shall not place parking in the front yard of the zoning lot, nor will be provided driveway access from the main thoroughfare. Parking may be placed in the rear or side yard. Access shall be provided via the alley.

b.

Parcels without alley access shall be granted a curb cut from the main thoroughfare and may provide parking in the front yard.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)

In order to accommodate the form and scale of historic development patterns on 8th Avenue, the CRD-EA District shall be exempt from the buffering and landscaping requirements in Division 22 of this Code.

(Ord. No. 2013-06, § 1(Exh. A), 1-22-13)